Withdrawal of Registrar-General's Caveat (WXX)

When an acquiring authority serves a notice of intention to acquire land under the Real Property Act, the Registrar-General enters a caveat forbidding dealings without the authority's consent (Land Acquisition Act 1969 (SA) s 14(2)). If the authority decides, or is presumed to have decided, not to proceed with the acquisition, it must promptly apply in writing to the Registrar-General to withdraw the caveat, and the Registrar-General must do so (s 14(3)). Form WXX is the approved form. The authority states that the interest the caveat protected has been satisfied, and the Registrar-General's part of the form records the withdrawal. The same form is used for a partial withdrawal (prefix PXX). Caveats lodged under section 191 of the Real Property Act 1886 are withdrawn on Form W1 (prefix WX) instead.

When you need it

• The acquiring authority has decided not to proceed with the acquisition, or is presumed to have decided not to (18 months without acquisition, unless extended: s 15(4)).
• The interest protected by the Registrar-General's caveat has been satisfied and the caveat should come off the title.
• The caveat is to be withdrawn from only some of the land (partial withdrawal, prefix PXX).

1. 1

   Caveat number

   Insert the number of the Registrar-General's caveat being withdrawn, in both places on the form.

2. 2

   Titles affected

   Insert the title references (volume and folio) for every certificate of title or Crown lease affected by the withdrawal.

3. 3

   Authority signature

   The acquiring authority, or a party authorised to apply, signs and dates the form. If someone other than the authority signs, show the authority's name.

4. 4

   Supporting documents

   List any supporting documents in the panel on the cover page, and use a Form B1 annexure sheet if more space is needed.

• The withdrawal is lodged on paper with Land Services SA; Registrar-General's caveat withdrawals are not on the mandated electronic lodgement list.
• Section 14(3) requires the authority to apply 'forthwith' once it decides, or is presumed to have decided, not to proceed.
• Check Land Services SA's current fee schedule for any lodgement fee.

• Landowners who want the caveat off their title should contact the acquiring authority named in it; the Act puts the duty to apply on the authority.
• If the authority decides not to proceed, people interested in the land may claim compensation by written notice within 6 months (s 15(5)).
• Use Form W1, not WXX, for an ordinary caveat lodged by a private caveator.